9 Dec 2016

LUCKNOW: Triple talaq or the practice of Muslim men getting an instant divorce by saying "talaq" three times is "cruel" and a monstrosity, the Allahabad High Court has said in a strong observation that echoes the stand taken by the central government in the Supreme Court recently. The view that "the Muslim husband enjoys an arbitrary, unilateral power to inflict instant divorce" does not tie in with Islamic laws, the court said in remarks made last month but put out online only now.

Here are 10 developments in the story:

"Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or the Holy Quran laid down and the same misconception vitiates the law dealing with the wife's right to divorce", Justice Suneet Kumar said.

"Personal laws of any community cannot claim supremacy over the rights granted to the individuals by the constitution," the High Court said, adding that it would not like to say anything more as the subject is also being considered by the Supreme Court.

The court made the observations while dismissing the petition of 23-year-old Hina and her husband, 30 years older, who divorced his wife to marry her.

The Supreme Court is hearing several petitions challenging triple talaq, with women alleging that they are being divorced via Facebook, Skype and WhatsApp.

In October, the government told the Supreme Court that triple talaq violates the fundamental rights guaranteed by the constitution and said it does not form a part of the "essential religious practices" in Islam.

Prime Minister Narendra Modi said his government had made it clear in court that there should not be any atrocity on women and no discrimination on the basis of religion. "Those who want to digress from triple talaq are instigating people...in the country, lives of Muslim women cannot be allowed to be ruined by triple talaq," he said at a rally in Uttar Pradesh.

The constitution allows Muslims, the biggest minority in the country, to regulate marriages, divorces and inheritance through their own civil code.

The All India Muslim Personal Law Board has strongly opposed any court intervention, asserting that "constitutional guarantees should not be disturbed" and Sharia laws cannot be modified by any court.

Women's rights activists have long called for a well-defined law that criminalises polygamy, unilateral divorce and child marriage. They also want an end to 'halala', which mandates that if a woman wants to go back to her husband after a divorce, she must first consummate her marriage with another man.

The government has said a Uniform Civil Code will not be brought through the back door without a consensus.